Document Type
Article
Publication Date
2021
Abstract
Many proponents of reforming the Supreme Court have expressed support for adopting a system of eighteen-year staggered term limits. These proposals, however, are hobbled by constitutional constraints: Amending the Constitution to implement term limits is highly implausible and implementing term limits through statute is likely unconstitutional. This Essay offers an approach to implementing term limits that avoids these constitutional constraints. Just as President Washington was able to establish a de facto Presidential term limit by not seeking a third term in office, Chief Justice Roberts is uniquely positioned to establish a new norm of serving eighteen-year terms on the Court. As this Essay will explain, the Chief Justice’s well-timed resignation presents the most plausible path to Supreme Court term limits.
Publication Title
Iowa Law Review Online
Volume
106
Article Number
1130
First Page
16
Last Page
36
Suggested Bluebook Citation
Scott Bloomberg, Reform Through Resignation: Why Chief Justice Roberts Should Resign (in 2023), 106 IOWA L. REV. ONLINE 16 (2021).
Included in
Judges Commons, Law and Politics Commons, Law and Society Commons, Legal Biography Commons, Rule of Law Commons, Supreme Court of the United States Commons